Australia: Queensland Government bulletin  28 June 2017

In the media

Major reforms to overhaul bail system pass
Parliament
The Andrews Labor Government's legislation to toughen
Victoria's bail system and give a higher priority to community
safety passed Parliament this week (23 June 2017).
More...

Ministers avoid charges after apologising for slamming
courts
Three ministers avoid charges after apologising for comments about
"weak" terrorism sentencing in Victoria, as the
state's appeals court increases the jail terms given to two
would-be terrorists (23 June 2017).
More...

QLS disappointment over conduct of high-profile criminal
solicitor Tim Meehan
Queensland's peak solicitor group has voiced its disappointment
over the conduct of high profile criminal solicitor Tim Meehan
after his plea of guilty on Thursday 21 June to a string of serious
criminal offences (22 June 2017).
More...
(CCC) More...

Labor to establish Parliamentary Budget
Office
The Andrews Labor Government has delivered on its commitment to
establish an independent, credible and permanent Parliamentary
Budget Office (PBO) (22 June 2017).
More...

Children's eSafety Commissioner to look after all
ages
The Children's eSafety Commissioner will be renamed just the
eSafety Commissioner, to "enhance online safety for all
Australians" (22 June 2017).
More...

Proposed appointment of Privacy
Commissioner
Attorney General Mark Speakman today announced the proposed
appointment of Samantha Gavel as NSW Privacy Commissioner after an
independent recruitment process led by the NSW Public Service
Commissioner (21 June 2017).
More...

Pisasale protests innocence after being granted bail on
extortion charge
Former Ipswich mayor Paul Pisasale defends his legacy and says he
will fight charges of extortion and two other offences, as he is
granted bail by a Brisbane court despite police objections (21 June
2017).
More...

Abortion laws making it harder for women to escape
domestic violence, expert warns
Pregnant women in violent relationships are being further
victimised by laws that criminalise abortion in some parts of
Australia, doctors and health experts say (21 June 2017).
More...

"Carly's Law" Bill Passes Both Houses of
Federal Parliament The Federal Government's
Criminal Code Amendment (Protecting Minors Online) Bill
2017 has passed both houses of Parliament and is awaiting
assent. The Bill was described by the Government as "an
evolved version of Carly's Law", designed to criminalise
acts preparatory to the commission of child sexual offences (19
June 2017). More...

Former obstetrician found not guilty of
manslaughter
Graeme Reeves admitted his failures led to the death of 28-year-old
Sydney mother Kerry Ann McAllister from a severe infection, but is
found not guilty of manslaughter (16 June 2017).
More...

National Firearms Amnesty starts on 1
July
The National Firearms Amnesty will commence on 1 July, giving
Australians an opportunity to hand in unregistered and unwanted
firearms and improve community safety. While there have been
state-based amnesties since then, it is again time that we give
every Australian the chance to dispose of firearms without fear of
being prosecuted (16 June 2017).
More...

Elder AbuseA National Legal
Response
The Australian Law Reform Commission (ALRC) is
delighted to be launching its Report, Elder
AbuseA National Legal Response (ALRC Report 131),
on World Elder Abuse Awareness Day 2017. The ALRC was asked to
consider Commonwealth laws and legal frameworks and how they might
better protect older persons from misuse or abuse, and safeguard
their autonomy (15 June 2017).
More...

LCA: Recommendations in new elder abuse report should
trigger decisive Government action
A new incident response scheme for aged care should be introduced,
and many of the other key recommendations of the Australian Law
Reform Commission's (ALRC's) vitally
important report pursued, according to the Law Council of Australia
(15 June 2017).
More...

Building the national response to elder
abuse
Today, on World Elder Abuse Awareness Day, the Attorney-General
welcomes the launch the Australian Law Reform Commission's
(ALRC) report on elder abuse  a significant
step in the Turnbull Government's efforts to safeguard and
protect older people from abuse (14 June 2017).
More...

Government delivers for native title
stakeholders
The Senate has today passed the Native Title Amendment Bill
(Indigenous Land Use Agreement) Bill, restoring certainty to
the native title system (14 June 2017).
More...

Political attacks on the courts a very worrying
trend
The Law Council, speaking on behalf of the Australian legal
profession, is calling for an end to political attacks on the
judiciary, especially in cases where they might be perceived to
interfere with matters currently before the courts (13 June 2017).
More...

ASIO Intelligence Sharing Remains Strong
Information-sharing by intelligence agencies has been standard
practice through the Joint Counter-Terrorism Teams
(JCTT) in each jurisdiction. JCTTs comprise
representatives of ASIO, the AFP, and state police in each
jurisdiction. How widely intelligence provided by ASIO to JCTTs is
shared by state law enforcement agencies is a matter for each state
(12 June 2017).
More...

Landmark aged care report outlines urgent reform agenda
items
A landmark review has called for new laws requiring aged care
providers to report any allegations or suspicion of abuse or
neglect to an independent body. The Australian Law Reform
Commission also wants improved screening of aged care workers and
the regulated use of restrictive practices. They are among several
recommendations in a report, tabled in parliament on Wednesday 14
June 2017, following an inquiry into the abuse of older Australians
(14 June 2017).
More...

New police powers to respond to terrorism
events
A new Bill has been introduced to Parliament by the Palaszczuk
Government to enhance the capacity of police to rapidly and
effectively respond to terrorist and other critical incidents (14
June 2017).
More...

Beware of dodgy legal advice: QLS
Queensland Law Society president Christine Smyth has issued a
warning for people to avoid taking legal advice and representation
from unqualified fraudsters posing as lawyers. Ms Smyth said there
was growing concern in the profession people may be duped into
taking "cheap'' or "free" advice via the
internet or from lay advocates holding themselves out as qualified
legal practitioners (14 June 2017).
More....

State Budget boosts new justice
initiatives
Attorney-General and Minister for Justice, Yvette D'Ath, says
today's State Budget will fund more job-creating capital works
at courts across the State; increase staff in the Director of
Public Prosecutions criminal confiscations unit; continue the
roll-out of Domestic Violence (13 June 2017).
More...
(QLS) More...

QLS announces trial to raise awareness of widespread
hidden elder abuse
Queensland's peak legal body has launched a trial designed to
raise public awareness of physical, emotional and financial abuse
being suffered in silence by society's vulnerable elderly
community (14 June 2017).
More...

Palaszczuk Government delivers resources to target drug
driving
Police will be able to super charge their efforts in removing drug
drivers from Queensland roads as part of a series of community
safety measures announced in today's State Budget (13 June
2017).
More...

Stamping out the scourge of DV one specialist court at a
time: QLS
Queensland Law Society has praised the state government's
budget commitment to fund the Southport specialist domestic
violence court permanently, and roll out two new specialist courts
in Townsville and Beenleigh (13 June 2017).
More...

In practice and courts

New guide for pro bono lawyers
The
Australian Pro Bono Centre has launched 'Client
management and self-care  a guide for pro bono
lawyers', which can be used to help train lawyers involved
in pro bono work and by people across the legal assistance
sector.

OAIC: Notifiable Data Breaches draft
resources
Draft resources on the
Notifiable Data Breaches (NDB) scheme have
been published to assist organisations in understanding their
compliance obligations from 22 February 2018. The OAIC is still in
the process of developing resources about a number of other topics
relating to the NDB scheme. These will be published on our website. Any comments
on the draft resources are open until 14 July 2017.

OAIC: Privacy business resource 21: Australian
businesses and the EU General Data Protection
Regulation
From 25 May 2018 Australian businesses of any size may need to
comply with the GDPR if they have an establishment in the European
Union (EU), or if they monitor the behaviours of
individuals in the EU. The GDPR includes requirements that resemble
those in the Privacy Act 1988, and additional measures
that similarly aim to foster transparent information handling
practices and business accountability around data handling.
More...

OAIC: Data + Privacy Asia Pacific Conference
2017
Privacy and data protection regulators from across the Asia Pacific
region will join Australian industry leaders and data experts for
the Data + Privacy Asia Pacific Conference in Sydney on 12 July
this year.

AHRC: OPCAT submissions
The Human Rights Commissioner has released a
consultation paper and a call
for submissions on Australia's implementation of the
Optional Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
(OPCAT). The Federal Government intends to ratify
OPCAT by December 2017. Parties wishing to respond to the OPCAT
consultation paper should do so by 21 July 2017.

ANAO: Performance audit in-progress
Due to table: July 2017, the audit objective is to assess the
effectiveness and efficiency of entities' implementation of the
Freedom of Information Act 1982.
More...

CCC serves Brisbane policeman with a notice to appear in
court for misusing database
A 31-year-old serving male Sergeant from the Brisbane Police
Prosecution Corps was today served with a notice to appear in court
for the alleged unauthorised use of a Queensland Police Service
(QPS) QPRIME database (13 June 2017).
More...

CCC Corruption prevention advisory: Ethics, integrity
and elected officials (State government election candidates and
Members of Parliament)
This advisory details the major ethical and legal obligations of
candidates for state government elections and Members of
Parliament. It covers ethical and legal obligations, whilst
standing for election and in office; strategies to manage risks;
and further information and resources (June 2017).
More...

Ethics, integrity and elected officials
State government election candidates and Members of Parliament
(June 2017).
More...

CCC to hold further hearings relating to Operation
Belcarra
The hearings are scheduled to be held at the CCC from 13-15 June
2017. An updated witness list and information about Operation
Belcarra is available on the CCC's
website.
More...

Queensland Courts: District Court Practice Direction 1
of 2017
Practitioners are advised that the District Court of Queensland has
released a new practice direction for outlines of argument filed in
the Applications List. It requires that a written outline be
provided to the Court in all contested and ex parte hearings and
sets out the practical requirements of doing so (14 June 2017).
More...

Published  articles, papers, reports

Composition of Australian parliaments by party and
gender: a quick guide
Parliamentary Library Research Publication: 16 June 2017.
More...

Uluru Statement: a quick guideParliamentary Library Research Publication: 19 June
2017
A constitutional convention bringing together over 250 Aboriginal
and Torres Strait Islander leaders met last month at the foot of
Uluru in Central Australia on the lands of the A?angu people. The
majority resolved, in the 'Uluru Statement from the Heart',
to call for the establishment of a 'First Nations Voice' in
the Australian Constitution and a 'Makarrata Commission' to
supervise a process of 'agreement-making' and
'truth-telling'.
More...

Foreign political donationse-brief 02/2017 June 2017: Chris Angus
This e-brief discusses current restrictions on political donations
in NSW and other Australian jurisdictions in the light of recent
media reports on donations from foreign and foreign-linked donors.
It then outlines the means by which donors could bypass these
restrictions, before briefly detailing the constitutional
limitations to reform as a result of the implied freedom of
political communication.
More...

Report into allegations of conflict of interest of an
officer at the Metropolitan Fire and Emergency Services
BoardVictorian Ombudsman: 19 June 2017
Public sector leaders must ensure they create an environment in
which conflict of interest policies are embedded in their
organisational culture: this case is yet another reminder of why
this matters. The revamp of fire services in Victoria is an
opportunity to ensure best practice.
More...

The determinants of trial duration: a preliminary
studyWai-Yin Wan, Don Weatherburn; NSW Bureau of Crime Statistics
and Research: 19 June 2017
To conduct an exploratory analysis of the factors influencing trial
duration in the NSW District Criminal Court.
More...

OAICnet 15 June 2017
In this issue: Program announced for Data + Privacy Asia Pacific;
Meet the international speakers; Virginia Trioli to MC Data +
Privacy Asia Pacific.

Elder abuse - a national legal response: final
reportAustralian Law Reform Commission: 14 June 2017
The ALRC was asked to consider Commonwealth laws and legal
frameworks and how they might better protect older persons from
misuse or abuse, and safeguard their autonomy. More...

National Disability Insurance Scheme (NDIS) Costs:
position paperProductivity Commission: 09 June 2017 This position paper
outlines the Commission's early thinking on NDIS costs. The
purpose of this position paper is to seek feedback on the
Commission's preliminary conclusions, and on any additional
issues that should be considered before the public release of the
final study report.
More...

Cases

Air
New Zealand Ltd v Australian Competition and Consumer Commission;
PT Garuda Indonesia Ltd v Australian Competition and Consumer
Commission [2017] HCA 21
Appeal dismissed with costs. Statutory interpretation 
Inconsistency  Where s 13(b) of Air Navigation Act
1920 (Cth) required airlines to comply with "agreement or
arrangement"  Where Australia-Indonesia Air Services
Agreement "agreement or arrangement" within meaning of ss
12(2) and 13(b) of Air Navigation Act  Where
Australia-Indonesia Air Services Agreement required agreement
between international airlines on minimum tariffs  Where ss
45 and 45A of Trade Practices Act 1974 (Cth) prohibited
arriving at understandings concerning prices with competitors
 Whether ss 12 and 13 of Air Navigation Act inconsistent
with ss 45 and 45A of Trade Practices Act such that latter did not
apply to contravening conduct.

Murray
v Australian Community Pharmacy Authority [2017] FCA 705
ADMINISTRATIVE LAW  judicial review of the Australian
Community Pharmacy Authority's recommendation to the Secretary
of the Department of Health and Ageing that approval be granted
under s 90 of the National Health Act 1953 (Cth)
(Act) to supply pharmaceutical benefits at
premises  judicial review of delegate's decision to
grant the approval under s 90 of the Act  whether
application was in respect of whole or part of premises. Held
 application dismissed with costs.

Mentink v Minister for Justice (No 2) [2017] FCA
681
ADMINISTRATIVE LAW  application for judicial review of
Minister's decision on a referral under s 154 of the Law
Enforcement Integrity Commissioner Act 2006 (Cth) raising an
ACLEI corruption issue against staff members of the Australian
Commission for Law Enforcement Integrity  whether Minister
failed to take into account relevant considerations  whether
Minister's decision affected by an error of law  whether
the Minister was limited to considering the information referred
under s 154 when making decision  meaning of
"raises" in s 154 of the Law Enforcement Integrity
Commissioner Act 2006 (Cth)  consideration of the
effect of a superfluous decision under s 156(2) where no corruption
issue raised by referral under s 154  whether discretion
under s 156(2)(c) to take no further action only applies once an
investigation is on foot  whether failure of Minister to
provide reasons amounted to a failure to afford natural justice or
procedural fairness  whether Minister has the power to
revoke decisions under s 156(4) of the Law Enforcement
Integrity Commissioner Act 2006 (Cth)  whether
Minister's decision was unreasonable  whether Minister
was affected by bias or conflict of interest  whether
Minister's decision was affected by fraud or bad faith.

Australian Securities and Investments Commission v McCormack
[2017] FCA 672
ADMINISTRATIVE LAW  Appeal from Administrative Appeals
Tribunal  where respondent contravened a "financial
services law" within the meaning of the Corporations Act
2001 (Cth)  where respondent involved in contravention
of a "financial services law" by another person 
where delegate of the applicant made a decision under s 920A of the
Corporations Act 2001 (Cth) banning the respondent from
providing financial services for five years  where Tribunal
found contraventions of relevant law occurred but declined to
impose banning order  whether Tribunal applied incorrect
test, failed to take into account relevant considerations, failed
to constructively exercise jurisdiction or failed to accord the
applicant procedural fairness  whether Tribunal's
decision manifestly unreasonable, illogical and irrational. Appeal
allowed.

Giddings v Australian Information Commissioner [2017] FCA
677
ADMINISTRATIVE LAW  application for judicial review of a
decision of a delegate of the Australian Information Commissioner
under s 54W(a)(ii) of the Freedom of Information Act 1982
(Cth) to refuse to continue to review a decision  whether
decision-maker took an irrelevant consideration into account.
PRACTICE AND PROCEDURE  where delegate named personally as
the respondent  whether appropriate to instead name the
delegator as the respondent  consideration of the effect of
s 34AB(1)(c) of the Acts Interpretation Act 1901 (Cth) on
the naming of the respondent. PRACTICE AND PROCEDURE 
applications for closed court, non-publication and suppression
orders  whether grounds for making such orders.

Frugtniet v Migration Agents Registration Authority [2017] FCA
537
ADMINISTRATIVE LAW  appeal from a decision of the
Administrative Appeals Tribunal (Tribunal) to
affirm the decision of the Migration Agents Registration Authority
(MARA) to cancel the applicant's registration
as a migration agent  whether Tribunal erred in having
regard to matters previously considered by MARA  whether
Tribunal took into account irrelevant considerations 
whether Tribunal erred in rejecting the application of the
privilege against exposure to penalty in proceedings in the
Tribunal  meaning of "immigration
assistance" meaning of "deceive" in cl 2.9A
of Sch 2 of the Migration Agents Regulations 1998 (Cth)
 no estoppel  s 91 of the Evidence Act 1995
(Cth) inapplicable.

Casenote:
Hughes v The Queen [2017] HCA 20: Character
Evidence
The High Court has today (14 June 2017) by majority, dismissed an
appeal from a decision of the Court of Criminal Appeal of the
Supreme Court of New South Wales in the case of Hughes v The
Queen [2017] HCA 20. The case revolved around whether tendency
evidence was inadmissible.

Military Rehabilitation and Compensation Commission v Katterns
[2017] FCA 641
STATUTES  interpretation  amending acts  test
to be applied under s 14 of the Safety, Rehabilitation and
Compensation Act 1988 (Cth)  whether accrued right for
application to be determined applying statutory test applicable
prior to amendments of Act.
ADMINISTRATIVE LAW  appeal from Administrative Appeals
Tribunal  where Tribunal decision set aside Military
Rehabilitation and Compensation Commission decision to deny
applicant compensation under s 14 of the Safety, Rehabilitation
and Compensation Act 1988 (Cth)  whether were was
evidence before the Tribunal capable of supporting finding of fact
 where parties led neither medical evidence nor other
evidence to support the kind of intuitive reasoning outlined in
EMI (Australia) Ltd v Bes (1970) 2 NSWR 238 
whether the AAT failed to comply with the obligations to give
reasons for its decision, in s 44 of the Administrative Appeals
Tribunal Act 1975 (Cth)  whether procedural unfairness
to Commission  matter remitted to Tribunal.
WORKERS' COMPENSATION  claim for compensation for an
injury  former member of Defence Force  disease
suffered by an employee  osteoarthritis of the right hip
 pre-exciting compensable injury  whether condition
aggravated by the reserve military service of the applicant.

Goodchild v Legal Services Commissioner [2017] QSC
117
ADMINISTRATIVE LAW  JUDICIAL REVIEW  REVIEWABLE
DECISIONS AND CONDUCT  DECISIONS TO WHICH JUDICIAL REVIEW
LEGISLATION APPLIES  DECISIONS UNDER AN ENACTMENT 
PARTICULAR CASES  where the applicant was convicted on a
charge of murder at trial  where the applicant lodged
complaints with the respondent in respect of two lawyers and a law
practice employee involved in his defence more than five years
after the conduct complained of occurred  where the
respondent notified the applicant of the respondent's decisions
to dismiss two of the complaints and to take no further action in
respect of the third complaint  where the applicant applied
for judicial review of the three decisions of the respondent under
s 20 of the Judicial Review Act 1991 (Qld)  where
the respondent brought three applications to summarily dismiss the
origination applications for judicial review under s 48 of the
Judicial Review Act 1991 (Qld)  whether the
originating applications should be dismissed because the decisions
which the applicant seeks to review are not decisions to which the
Judicial Review Act 1991 (Qld) applies.

Bond v State of Queensland and Anor (No. 2) [2017] QCAT
185
HUMAN RIGHTS  ANTI  DISCRIMINATION  DIRECT
DISCRIMINATION  VICTIMISATION  REJECTED COMPLAINT
 where subsequent complaint had been rejected by the
Anti-Discrimination Commission Queensland  where applicant
seeks leave to amend her current complaint to add in the
allegations made in the rejected complaint  whether added
complaint was part of original complaint  whether the
Tribunal has power to amend a complaint to add in allegations
rejected by the Anti-Discrimination Commission Queensland.

Whalley v Queensland Building and Construction Commission (No
2) [2017] QCAT 188
ADMINISTRATIVE LAW  ADMINISTRATIVE TRIBUNALS 
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - COSTS  Where
a decision was set aside  Where it was found that the
decision-maker did not afford natural justice  Where the
internal review decision-making process was flawed  Whether
the applicant was entitled to recover costs  Where it was
held in the interest of justice that the applicant should recover
costs  Where the difference between solicitor and own client
costs, and party and party costs was considered  Where costs
were reduced for possible double-charging for perusal where two
firms of solicitors were engaged.

Legislation

Commonwealth

Productivity Commission Amendment (Addressing Inequality) Bill
2017
Introduced and read a first time 14 June 2017 Second reading moved
14 June 2017; Second reading debate 22 June 2017 - The purpose of
the Productivity Commission Amendment (Addressing Inequality)
Bill 2017 is to improve the quality of information and
analysis available about economic inequality in Australia, and to
ensure that proper consideration is given to inequality in the
public debate about economic policy.

Enhancing Online Safety for Children Amendment Bill
2017
Amends the Enhancing Online Safety for Children Act 2015
to: amend the short title of the Act to the Enhancing Online
Safety Act 2015; change the title of the Children's
e-Safety Commissioner to the e-Safety Commissioner; expand the role
and function of the commissioner to cover Australians more
generally rather than only Australian children; permit the
commissioner to disclose a broader class of information to
specified Commonwealth authorities; and make consequential
amendments. Also makes consequential amendments to five other Acts.
Senate: Introduced and read a first time 14 June 2017; Second
reading moved 14 June 2017; Second reading debate 15 June
2017.

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Mail-A-Friend

If a user elects to use our referral service for informing a friend about our
site, we ask them for the friends name and email address. Mondaq stores this
information and may contact the friend to invite them to register with Mondaq,
but they will not be contacted more than once. The friend may contact Mondaq to
request the removal of this information from our database.

Emails

From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

Security

This website takes every reasonable precaution to protect our users
information. When users submit sensitive information via the website, your
information is protected using firewalls and other security technology. If you
have any questions about the security at our website, you can send an email to
webmaster@mondaq.com.

Correcting/Updating Personal Information

If a users personally identifiable information changes (such as postcode),
or if a user no longer desires our service, we will endeavour to provide a way
to correct, update or remove that users personal data provided to us. This can
usually be done at the Your Profile page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will
post those changes on our site so our users are always aware of what information
we collect, how we use it, and under what circumstances, if any, we disclose it.
If at any point we decide to use personally identifiable information in a manner
different from that stated at the time it was collected, we will notify users by
way of an email. Users will have a choice as to whether or not we use their
information in this different manner. We will use information in accordance with
the privacy policy under which the information was collected.

How to contact Mondaq

If for some reason you believe Mondaq Ltd. has not adhered to these
principles, please notify us by e-mail at problems@mondaq.com and we will use
commercially reasonable efforts to determine and correct the problem promptly.

By clicking Register you state you have read and agree to our Terms and Conditions